Publication Search

This research analyzes the application of the equality before the law principle in handling narcotics cases by the Legal Aid Institute (LBH) Legundi Surabaya. The principle of equality before the law is a fundamental principle guaranteed in Article 27 paragraph (1) of the 1945 Constitution, yet its implementation in narcotics law enforcement still faces various challenges. This study employs a normative juridical method with a qualitative approach to examine LBH Legundi's strategies in ensuring clients fully obtain their constitutional rights. The findings reveal that although LBH Legundi has implemented various strategies such as detailed examination of arrest procedures, optimization of legal instruments, and efforts for detention suspension, the application of the equality before the law principle remains hindered by several factors. The main challenges include strong social stigma against narcotics offenders, limited resources of legal aid institutions, disparities in judicial decisions, structural barriers in accessing justice, weak supervision systems, minimal systemic support from the state, and a law enforcement mindset that remains punitive rather than rehabilitative. This condition creates a significant gap between suspects from economically disadvantaged backgrounds and those from affluent backgrounds, which contradicts the spirit of substantive justice. The study concludes that realizing the principle of equality before the law requires comprehensive reform touching structural, cultural, and systemic aspects of Indonesia's criminal justice system.  

The death of a Madrasah Tsanawiyah (MTs) student allegedly linked to police action raises significant legal issues concerning the limits of the use of force and the construction of criminal liability. This study aims to reformulate the elements of assault resulting in death by integrating the objective element (actus reus) and the subjective element (mens rea) within the framework of the doctrines of dolus and culpa. It also seeks to develop a model of criminal liability analysis that is more transparent, accountable, and oriented toward the protection of a child’s right to life. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by a literature review of legislation, court decisions, and criminal law scholarship. Data are analyzed qualitatively through grammatical, systematic, and teleological interpretation. The findings indicate that proving the act and the resulting death alone is insufficient without clearly establishing the form of fault. The distinction between dolus eventualis and culpa lata constitutes a decisive factor in determining the classification of the offense and the degree of criminal liability. Ambiguity in identifying the spectrum of fault may lead to sentencing disparities and weaken the principle of geen straf zonder schuld (no punishment without fault). Therefore, this study proposes a reconstruction of the elements of the offense that places proof of mens rea at the center of assessing police accountability while ensuring the protection of the child’s right to life.

Evidence is a fundamental element in the legal proof process that serves as the basis for judges to examine, assess, and decide cases in court. Along with the advancement of information technology, the form of evidence has evolved, including digital evidence such as screenshots of conversations through digital communication applications like WhatsApp. This study aims to analyze the legal position and evidentiary value of digital conversation screenshots within the Indonesian legal system. The research method uses a normative juridical approach by examining laws and regulations, legal doctrines, and relevant court decisions. The results indicate that screenshots of conversations have legal recognition as electronic evidence; however, their evidentiary strength is limited and requires support from other forms of evidence. Judges apply the principle of Unus Testis Nullus Testis, meaning that screenshots cannot stand alone as sole evidence and must be supported by additional legal proof to fulfill the requirements of valid, complete, and convincing legal evidence.

This article analyzes the application of the hierarchy of norms in the decisions of the Constitutional Court concerning Law Number 17 of 2023 on Health using the perspective of Hans Kelsen’s Stufenbau theory. The enactment of the Health Law has generated significant legal debate and several constitutional review petitions submitted to the Constitutional Court, raising questions about the consistency between statutory norms and constitutional principles. This study aims to examine how the Constitutional Court applies the principle of hierarchical norms in reviewing the constitutionality of the Health Law and to assess the relevance of Stufenbau theory in explaining the interpretation of legal norms in constitutional adjudication. This research employs a normative juridical method using statute, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution, Law Number 17 of 2023 on Health, and relevant Constitutional Court decisions, supported by secondary legal materials from academic literature and legal studies. The findings show that the Constitutional Court consistently positions the 1945 Constitution as the highest norm within the Indonesian legal system and uses the hierarchy of norms as the basis for evaluating the validity of statutory provisions. The Court maintains the legal force of the Health Law when no normative conflict with the Constitution is identified, while in certain cases it provides constitutional interpretation to ensure the compatibility of statutory norms with constitutional principles. This study demonstrates that Stufenbau theory remains relevant as an analytical framework for understanding the hierarchical structure of legal norms and the operation of constitutional review within the Indonesian legal system.

Flood disasters are recurring hydrometeorological hazards that significantly impact social, economic, and environmental conditions in Tulungagung Regency. This study aims to analyze the flood disaster mitigation communication strategies implemented by the Regional Disaster Management Agency (BPBD) of Tulungagung Regency and to identify the roles, challenges, and implications of both internal and external communication in flood disaster management. The research employed a qualitative approach using a descriptive method. Data were collected through in-depth interviews with the Secretary of BPBD Tulungagung Regency, the Head of the Emergency and Logistics Division, the Head of the Prevention and Preparedness Division, and members of flood-affected communities. The findings reveal that BPBD Tulungagung Regency has attempted to optimize disaster communication during the pre-disaster, emergency response, and post-disaster phases. The effectiveness of these communication efforts remains limited due to several challenges, including inadequate communication infrastructure, varying levels of disaster literacy among community members, diverse geographical conditions, and insufficient coordination in internal and external communication. Pre-disaster communication plays an essential role in improving community preparedness, communication during emergency response supports timely and accurate decision-making, and post-disaster communication contributes to recovery processes and the strengthening of community resilience. This study concludes that optimizing disaster communication requires integrated information systems, improved human resource capacity within BPBD, and active community participation through community-based communication approaches to sustainably enhance resilience to flood risks.

Mediation, as one of the alternative dispute resolution (ADR) mechanisms in civil cases, aims to provide efficient, timely, and non-confrontational solutions for disputing parties. Within the Indonesian legal system, mediation has been formally regulated through the Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Mediation Procedures in Court. This study seeks to examine the implementation of civil dispute resolution through mediation from a legal perspective while also assessing its empirical effectiveness in district courts. The research employs an empirical juridical approach, with data collected through in-depth interviews with mediator judges, advocates, and disputing parties who have participated in the mediation process, supported by documentation studies of civil case decisions resolved through mediation. The findings reveal that, normatively, mediation has a sufficiently strong legal foundation as an alternative method of dispute resolution. However, its practical effectiveness remains constrained by several challenges, such as the limited understanding and legal awareness of disputing parties, time constraints faced by mediator judges, and the absence of an optimal supervisory mechanism for monitoring mediation practices. These factors contribute to the relatively low success rate of mediation in practice. Therefore, improvements are required in the implementation of regulations, the establishment of more effective monitoring systems, and the enhancement of human resource capacity, particularly mediator competence. Strengthening these aspects is expected to enable mediation to function more effectively as a fair, efficient, and accessible mechanism for resolving civil disputes in Indonesia.

This study aimed to determine the relationship between parental social support and career exploration with career decision-making among unemployed young adults. Early adulthood, particularly between the ages of 18 and 25, is a crucial developmental period as individuals are required to become independent, build their identity, and determine their career direction. During this phase, many individuals face challenges such as career uncertainty and unemployment, making parental social support and career exploration skills important factors that can influence the quality of career decision-making. The subjects were job seekers aged 18 and 25, categorized as young adults. The sampling technique used probability sampling. The research instrument consisted of three scales: the career decision-making scale (29 items; α = 0.903), the parental social support scale (15 items; α = 0.893), and the career exploration scale (13 items; α = 0.921). Data analysis was performed using the Pearson correlation test to test the hypothesis, and reliability was measured using the Spearman-Brown method. The results of this study indicate a significant positive relationship between parental social support and career exploration with career decision-making among unemployed young adults. This finding indicates that the higher the social support provided by parents and the more active individuals are in exploring their career options, the better their ability to make appropriate career decisions. The implications of this study emphasize the importance of parental involvement in supporting children during the transition to the workforce and emphasize the need for intervention programs that systematically encourage career exploration among unemployed young adults. This is expected to enable individuals to develop more mature career decision-making capacities and thus be able to face the challenges of job uncertainty in the modern era.  

This research examines the implementation of the principle of openness in the examination of cases in civil court proceedings in Indonesia, focusing on two main issues: (1) how the principle of openness is regulated and applied in civil court practices, and (2) what key obstacles hinder the implementation of this openness. The purpose of the study is to provide an in-depth overview of the mechanisms for implementing the principle of openness in the civil judicial process and to identify inhibiting factors that need to be addressed promptly in order to make the judicial system more transparent and accountable. This study employs a normative juridical method with a statutory and conceptual approach. Data were obtained through literature review, including legislation, legal doctrines, and relevant court decisions, and analyzed using a descriptive-analytical method. The findings indicate that the principle of openness is well accommodated normatively within Indonesia’s civil judicial system; however, its implementation still faces significant challenges, such as limited supporting facilities, inadequate dissemination among judicial officers, and the tension between protecting the privacy of parties and ensuring public access to information. To address these issues, improvements in technological infrastructure, human resource training, and internal policy revisions are essential steps to optimize the principle of openness in civil court proceedings.

This study aims to analyze the criminal law liability of the perpetrators in the case of corruption in the procurement of red onion seeds in Malaka Regency based on four decisions of the Kupang District Court: Decision of the KUPANG District Court Number 39 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 40 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 41 / Pid.Sus-TPK / 2023 / PN Kpg, and Decision of the KUPANG District Court Number 42 / Pid.Sus-TPK / 2023 / PN Kpg. This study uses a normative legal approach supported by empirical data through interviews with advocates, prosecutors, and judges. The results of the study indicate that the elements in Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has been cumulatively fulfilled in this case, namely the abuse of authority, state financial losses, and benefits for oneself or others. The application of the article to all defendants is considered legally valid, but in practice it does not fully reflect substantive justice because the roles and levels of involvement are not distinguished proportionally. The judge's decision and the prosecutor's indictment are considered consistent in normative aspects,but still leave challenges in terms of assessing the burden of proof and classification of criminal responsibility. This finding recommends the importance of evaluating the criminalization system, strengthening the capacity of procurement officials, and updating policies that distinguish between administrative errors and criminal acts of corruption.